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Four key takeaways from the August 2019 bankruptcy code amendments

David Warfield August 27, 2019
computer screen with financial data

The President has signed legislation modifying the Bankruptcy Code in several respects. The changes are meant to help preference recipients, family farmers, disabled veterans, and small businesses. READ MORE

Three key changes for bankruptcy procedures in 2018

Nino Przulj January 23, 2018
illustrated collage of bank buildings

The New Year brings with it new changes to the bankruptcy code. These recent rule changes apply to any case filed after December 1, 2017, and may apply retroactively to pending proceedings in those instances where it would be “just and practicable.” READ MORE

Chapter 12 family farmer cases in Missouri: A look inside the numbers

David Warfield September 27, 2016
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Many agriculture experts predict increased distress for farmers in the near term, so it is natural to speculate whether Chapter 12 will play an increased role in the future. In fact, Chapter 12 filings nationwide were about 28% higher in the first six months of 2016 than in the comparable period in 2015. READ MORE

New value defense preserved for three-party transactions

Brian Hockett April 4, 2014
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New value is an important defense to preference liability under the Bankruptcy Code. In a very important decision, the Eighth Circuit recently addressed how the new value defense to preference liability should be applied in three-party payment arrangement. READ MORE

Receivership reforms, part four: Borrowing from the Bankruptcy Code

David Warfield September 18, 2013
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Bankruptcy cases frequently take too long and are too expensive, thereby delaying and reducing recoveries to creditors. By borrowing the best parts of the Bankruptcy Code and avoiding some of its more litigious parts, a new receivership statute will, in certain types of cases, permit a more efficient redeployment of distressed corporate assets to productive uses. READ MORE

Why Missouri’s receivership law is due for reform

David Warfield September 13, 2013
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Missouri receivership law, however, is largely unchanged from the 19th Century and is simply inadequate in several respects to address all the issues raised by the liquidation of a modern business. A few states around the country have recently updated their own receivership laws, and Missouri should follow suit. READ MORE